Developments concerning the national emergency with respect to Haiti

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Developments concerning the national emergency with respect to Haiti message from the President of the United States transmitting a report on developments since his last report of October 13, 1994, concerning the national emergency with respect to Haiti, pursuant to 50 U.S.C. 1641(c) and 50 U.S.C. 1703(c)

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House document / 104th Congress, 1st session ;

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1 online resource (4 p.) : ;

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English

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United States -- President (1993-2001 : Clinton)Clinton, Bill, 1946-United States -- Congress. -- House. -- Committee on International Relations

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104th Congress, 1st Session - - House Document 104-25

DEVELOPMENTS CONCERNING THE NATIONAL
EMERGENCY WITH RESPECT TO HAITI

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A REPORT ON DEVELOPMENTS SINCE HIS LAST REPORT OF OCTO-
BER 13, 1994, CONCERNING THE NATIONAL EMERGENCY WITH
RESPECT TO HAITI, PURSUANT TO 50 U.S.C. 1641(c) AND 50 U.S.C.
1703(c)

FEBRUARY 3, 1995.-Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed

U.S. GOVERNMENT PRINTING OFFICE

99-011

WASHINGTON : 1995

To the Congress of the United States:
1. In December 1990, the Haitian people elected Jean-Bertrand
Aristide as their President by an overwhelming margin in a free
and fair election. The United States praised Haiti's success in
peacefully implementing its democratic constitutional system and
provided significant political and economic support to the new gov-
ernment. The Haitian military abruptly interrupted the consolida-
tion of Haiti's new democracy when, in September 1991, it illegally
and violently ousted President Aristide from office and drove him
into exile.
2. The United States, on its own and with the Organization of
American States (OAS), immediately imposed sanctions against the
illegal regime. Upon the recommendation of the legitimate govern-
ment of President Aristide and of the OAS, the United Nations Se-
curity Council imposed incrementally a universal embargo on
Haiti, beginning June 16, 1993, with trade restrictions on certain
strategic commodities. The United States actively supported the ef-
forts of the OAS and the United Nations to restore democracy to
Haiti and to bring about President Aristide's return by facilitating
negotiations between the Haitian parties. The United States and
the international community also offered material assistance with-
in the context of an eventual negotiated settlement of the Haitian
crisis to support the return to democracy, build constitutional
structures, and foster economic well-being.
The continued defiance of the will of the international commu-
nity by the illegal regime led to an intensification of bilateral and
multilateral economic sanctions against Haiti in May 1994. The
U.N. Security Council on May 6 adopted Resolution 917, imposing
comprehensive trade sanctions and other measures on Haiti. This
was followed by a succession of unilateral U.S. sanctions designed
to isolate the illegal regime. To augment embargo enforcement, the
United States and other countries entered into a cooperative en-
deavor with the Dominican Republic to monitor that country's en-
forcement of sanctions along its land border and in its coastal wa-
ters.
Defying coordinated international efforts, the illegal military re-
gime in Haiti remained intransigent for some time. Internal repres-
sion continued to worsen, exemplified by the expulsion in July 1994
of the U.N./O.A.S.-sponsored International Civilian Mission (ICM)
human rights observers. Responding to the threat to peace and se-
curity in the region, the U.N. Security Council passed Resolution
940 on July 31, 1994, authorizing the formation of a multinational
force to use all necessary means to facilitate the departure from
Haiti of the military leadership and the return of legitimate au-
thorities including President Aristide.
In the succeeding weeks, the international community under
U.S. leadership assembled a multinational coalition force to carry

out this mandate. At my request, former President Carter, Chair-
man of the Senate Armed Services Committee Sam Nunn, and
former Chairman of the Joint Chiefs of Staff Colin Powell went to
Haiti on September 16 to meet with the de facto Haitian leader-
ship. The threat of imminent military intervention combined with
determined diplomacy achieved agreement in Port-au-Prince on
September 18 for the de facto leaders to relinquish power by Octo-
ber 15. United States forces in the vanguard of the multinational
coalition force drawn from 26 countries began a peaceful deploy-
ment in Haiti on September 19 and the military leaders have since
relinquished power.
In a spirit of reconciliation and reconstruction, on September 25
President Aristide called for the immediate easing of sanctions so
that the work of rebuilding could begin. In response to this request,
on September 26 in an address before the United Nations General
Assembly, I announced by intention to suspend all unilateral sanc-
tions against Haiti except those that affected the military leaders
and their immediate supporters and families. On September 29,
the U.N. Security Council adopted Resolution 944 terminating
U.N.-imposed sanctions as of the day after President Aristide re-
turned to Haiti.
On October 15, President Aristide returned to Haiti to assume
his official responsibilities. Effective October 16, 1994, by Executive
Order No. 12932 (59 Fed. Reg. 52403), October 14, 1994), I termi-
nated the national emergency declared on October 4, 1991, in Exec-
utive Order No. 12775, along with all sanctions with respect to
Haiti imposed in that Executive order, subsequent executive or-
ders, and the Department of the Treasury regulations to deal with
that emergency. This termination does not affect compliance and
enforcement actions involving prior transactions or violations of the
sanctions.
3. This report is submitted to the Congress pursuant to 50 U.S.C.
1641(c) and 1703(c). It is not a report on all U.S. activities with re-
spect to Haiti, but discusses only those Administration actions and
expenses since my last report (October 13, 1994) that are directly
related to the national emergency with respect to Haiti declared in
Executive Order No. 12775, as implemented pursuant to that order
and Executive Orders Nos. 12779, 12853, 12872, 12914, 12917,
12920, and 12922.
4. The Department of the Treasury's Office of Foreign Assets
Control (FAC) amended the Haitian Transactions Regulations, 31
C.F.R. Part 580 (the "HTR") on December 27, 1994 (59 Fed. Reg.
66476, December 27, 1994), to add section 580.524, indicating the
termination of sanctions pursuant to Executive Order No. 12932,
effective October 16, 1994. The effect of this amendment is to au-
thorize all transactions previously prohibited by subpart B of the
HTR or by the previously stated Executive orders. Reports due
under general or specific license must still be filed with FAC cover-
ing activities up until the effective date of this termination. En-
forcement actions with respect to past violations of the sanctions
are not affected by the termination of sanctions. A copy of the FAC
amendment is attached.
5. The total expenses incurred by the Federal Government dur-
ing the period of the national emergency with respect to Haiti from

3
October 4, 1991, through October 15, 1994, that are directly attrib-
utable to the authorities conferred by the declaration of a national
emergency with respect to Haiti are estimated to be approximately
$6.2 million, most of which represent wage and salary costs for
Federal personnel. This estimate has been revised downward sub-
stantially from the sum of estimates previously reported in order
to eliminate certain previously reported costs incurred with respect
to Haiti, but not directly attributable to the exercise of powers and
authorities conferred by the declaration of the terminated national
emergency with respect to Haiti.
Thus, with the termination of sanctions, this is the last periodic
report that will be submitted pursuant to 50 U.S.C. 1703(c) and
also constitutes the last semiannual report and final report on Ad-
ministration expenditures required pursuant to 50 U.S.C. 1641(c).
WILLIAM J. CLINTON.
THE WHITE HOUSE, February 3, 1995.

SUMMARY: Pursuant to Executive Order
12932 of October 14, 1994 (59 FR
52403). the Treasury Department has
terminated, effective October 16. 1994.
all sanctions with respect to Haiti
imposed during the period of the
national emergency declared on Octobe:
4, 1991 in Executive Order 12775. This
termination does not affect compliance
and enforcement actions involving prior
transactions or violations of the
sanctions.
EFFECTIVE DATE: 12:01 a.m. Eastern
Daylight Time. October 16, 1994.
FOR FURTHER INFORMATION CONTACT:
Steven I. Pinter. Chief of Licensing (tel.:
202/622-2480). or William B. Hoffman,
Chief Counsel (tel.: 202/622-2410).
Office of Foreign Assets Control,
Department of the Treasury.
Washington. D.C. 20220.
SUPPLEMENTARY INFORMATION:
Electronic Availability:
This document is available as an
electronic file on The Federal Bulletin
Board the day of publication in the -
Federal Register. By modem dial 202/
512-1387 or call-202/512-1530 for disks
or paper copies. This frile is availabla'in
Postscript. WordPerfect 5.1 and ASCT.
Background
SThe Office of Foreign Assets Control
S("FAC") is amending the Haitian
Transactions Regulations, 31 FR Part
580 (the "HTR"), to add 500.524.
implementing Executive Order 12932.
which authorizes all transactions on or
after October 16,1994. involving
property in which Haiti or its nationals
have an interest, and all other
transactions previously prohibited by
the HTR. The effect of this amendment
is to authorize all transactions
previously prohibited by subpart B of
the HTR or by Executive Order 12775.
12779,12853. 12872. 12914, 12917,
12920 or 12922, effective October 16,
1994. On Octoehr 14, 1994. the

President signed Executive Urder 12932
terminating the national emergency
declared with respect the de facto
regime in Haiti and revoking all
Executive orders promulgated with
.respect to that emergency, effective
October 16, 1994. Newly authorized
transactions include, but are not limited
to, new investment, otherwise lawful
importations from and exportationsto
Haiti, and brokering transactions.
Reports due under general or specific
.license must still be filed covering:
activitiesup until the effective date of
this rule, Enforcement actions with
respectto past violations of the
sanctions are not affected by this rule,
Because the HTR involve a foreign
affairs function. Executive Order 128Gri
and the provisions of the Administratir
Procedure Act, 5 U.S.C. 553. requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date, are
inapplicable. Because no notice of
proposed rulemaking is required for tli
rule. the Regulatory Flexibility Act, 5
U.S.C. 601-612. does not apply.
List of Subjects in 31 CFR Part 500
Administrative practice and
procedure. Agricultural commodities,
Banking and finance. Blocking of assets
Exports, Foods, Haiti, Imports.
Penalties. Reporting and recordkeeping
requirements, Shipping, Specially
designated nationals. Transfer of assets
Vessels.
For the reasons set forth in the
preamble.31 CFR part 580 is amended
is follows:

Subpart E-Licenses, Authorizations
and Statements of Licensing Policy
2.Section 500.524 is added to read as
follows:
-500.524 Authorization of new
transactions; lifting of sanctions.
(a) The prohibitions contained in
580.201 through 580.211 of this part
do not apply to any transaction
occurring after 12:01 a.m. Eastern
Daylight Time. October 16, 1994.
(b) Nothing in this section affects any
action taken or proceeding pending and
not finally concluded or determined on,
or any action or proceeding based on
any act committed prior to. or any right
or duties that matured or penalties that
were incurred prior to'12:01 a.m. EDT.
October 16. 1994.
(c) Reports-required pursuant to this
part with respect to transactions
occurring prior to 12.01 a.m.EDT,
October 16, 1994. must still be filed
"with the Compliance Division, Office of
Foreign Assets Control.
Dated. December 12.1994.
. Riouerd Newcomb,
Director, Offire offoreign Assets Control.
Approved: December 14.1994,
John Berry,
Deputy Assistant Secretary (Enforeement).
[FR Doc 94-31727 Filed 12-21-94: 1:57 pm]